Can I sue my employer for not paying sales commissions?

UPDATED: Aug 1, 2011

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Can I sue my employer for not paying sales commissions?

I notified my company 6 months ago that I was missing commissions from my statement that day ($1000). They keep giving me the runaround and today continue to ask for info I provided back then. Should a fortune 100 company be held liable for the commissions and interest and for making me crazy trying to resolve this?

Asked on August 1, 2011 Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, no company - fortune 100 or not - or employer in general should withhold commission on monies earned.  You have two choices here: to maintain professionalism or blow your stack.  You are probably entitled to blow your stack but I do not think that will get you anywhere.  So, take a deep breath and write them a formal letter providing the information once again.  Site to the previous times that provided the information upon their request (give dates and name people if you can).  Indicate that the commission is due and owing and that you would appreciate that it be given you within the next 10 days.  That this has gone on way too long given the circumstances ( you notified them immediately and they have already investigated the discrepancy).  Decide if you wish to advise them that you will be filing a complaint with the Department of Labor or not. Copy every big shot you can on the letter and HR.  Good luck.

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